Capital gains tax - Basis of charge

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising from the use of the content on this page. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.

Overview

Capital Gains Tax (CGT) is a key part of the UK tax system, greatly affecting the profitability of asset sales. For candidates of the SQE1 FLK1 exam and future legal professionals, a thorough understanding of CGT is vital. This guide explores CGT principles, covering chargeable individuals and assets, calculation methods, available reliefs and exemptions, and practical uses. Understanding these elements is essential for handling complex CGT scenarios in both studies and practice.

Chargeable Persons and Assets

Chargeable Persons

CGT is relevant to various entities and individuals:

  1. Individuals (including sole traders and partners)
  2. Trustees
  3. Personal representatives
  4. Companies (via Corporation Tax on capital gains)

The residence and domicile of individuals can significantly influence their CGT liability, especially for non-UK assets.

Chargeable Assets

Chargeable assets broadly include:

  1. Real property (land and buildings)
  2. Shares and securities
  3. Business assets
  4. Personal possessions over £6,000 (excluding cars)
  5. Contractual rights

Key exemptions are:

  • Moveable chattels with a predicted lifespan under 50 years
  • Gilts and qualifying corporate bonds
  • Foreign currency for personal use

Calculation of Chargeable Gains

Chargeable gains are calculated as follows:

  1. Identify the disposal event (sale, gift, or deemed disposal)
  2. Determine the disposal proceeds
  3. Calculate the allowable cost:
    • Acquisition cost
    • Enhancement expenditure
    • Costs related to acquisition and disposal
  4. Compute the gain (disposal proceeds minus allowable cost)
  5. Apply relevant reliefs
  6. Deduct the Annual Exempt Amount (£12,300 for individuals in 2023/24)

Example:

Asset: Commercial property
Disposal proceeds: £500,000
Original purchase price: £300,000
Enhancement expenditure: £50,000
Legal fees on purchase: £5,000
Legal fees on sale: £7,000

Chargeable gain calculation:
Asset: Commercial property
Disposal proceeds: £500,000
Original purchase price: £300,000
Enhancement expenditure: £50,000
Legal fees on purchase: £5,000
Legal fees on sale: £7,000

Chargeable gain calculation:

Disposal proceeds:£500,000Less:Original cost:£300,000Enhancements:£50,000Legal fees (total):£12,000(£362,000)Chargeable gain:£138,000\begin{align*} \text{Disposal proceeds:} & \quad £500,000 \\ \text{Less:} & \\ \text{Original cost:} & \quad £300,000 \\ \text{Enhancements:} & \quad £50,000 \\ \text{Legal fees (total):} & \quad £12,000 \\ & \quad (£362,000) \\ \hline \text{Chargeable gain:} & \quad £138,000 \\ \end{align*}

Reliefs and Exemptions

Principal Private Residence Relief (PPR)

PPR exempts an individual's main residence from CGT:

  • Covers the period the property was the main residence
  • Final 9 months of ownership always included
  • Special rules for lettings and absences

Business Asset Disposal Relief (BADR)

BADR reduces the CGT rate to 10% on qualifying disposals, with a £1 million lifetime limit. Eligibility includes:

  • Disposal of all or part of a business
  • Disposal of business assets after cessation
  • Disposal of shares in a personal company (minimum 5% shareholding for 2 years)

Roll-over Relief

Allows CGT deferral when proceeds from business assets are reinvested in new qualifying assets:

  • Reinvestment within 3 years after disposal or up to 1 year before
  • Relief applies to the lower of the gain made or amount reinvested
  • Partial relief for partial reinvestment

Hold-over Relief

Defers CGT liability on gifts of business assets or certain shareholdings to the recipient.

Anti-Avoidance Provisions

Important anti-avoidance measures include:

  1. Connected Persons Rules: Transactions between related parties treated at market value
  2. Bed and Breakfasting Rules: Limits artificial losses via rapid share repurchases
  3. Transactions in Securities: Prevents tax advantages from specific share transactions
  4. Transfer of Assets Abroad: Targets offshore structures to avoid CGT

Practical Application and Professional Considerations

CGT considerations affect various legal areas:

  1. Corporate Transactions: Structuring business sales to maximize reliefs
  2. Estate Planning: Using holdover relief and PPR for transfers across generations
  3. Property Development: Differentiating between trading and investment
  4. Investment Advice: Including CGT considerations in portfolio management

Example scenario:

A client, Sarah, owns 25% of a tech startup and considers selling for £2 million. As her advisor, you would:

  1. Assess BADR eligibility
  2. Calculate potential CGT liability with and without relief
  3. Explore sale structuring options for optimal tax outcomes
  4. Consider interactions with other taxes (e.g., Inheritance Tax)

Conclusion

Understanding Capital Gains Tax principles is essential for success in the SQE1 FLK1 exam and legal practice. The complex interaction between chargeable events, calculation methods, reliefs, and anti-avoidance measures forms the basis of effective tax planning and compliance. As aspiring solicitors, the ability to handle these complexities, apply relevant exemptions, and provide informed advice on CGT is of great importance. Remember that CGT is a vital part of the UK tax system, often intersecting with other legal and financial areas.

Key points to remember:

  • Know the scope of chargeable persons and assets
  • Understand the step-by-step process of calculating chargeable gains
  • Be familiar with major reliefs like PPR, BADR, and Roll-over Relief
  • Appreciate the importance of anti-avoidance measures in CGT planning
  • Apply CGT knowledge to practical scenarios across various legal practice areas

By internalizing these principles and their applications, candidates will be equipped to address complex CGT scenarios in both academic and professional contexts.